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territory; such change be effected only by a peace treaty or by annexation followed by recognition. The former sovereign remains sovereign and there is no change in the nationality of the inhabitants. Their allegiance does not change, and the Occupying Power may not compel them to swear an oath of allegiance to itself, nor compel them to serve in its armed or auxiliary forces, 9 or impart information concerning
It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.
, 6 and these provisions were expanded by Protocol I, 1977. 7 Those protected The Convention applies only to civilians in the hands of or under the physical control of an adverse party or an Occupying Power. Those in their own territory are, for the main part, protected only by the general rules limiting warlike acts and
position during the first years of martial law, and despite the formal denunciations coming from Rome, Catholic charities backed by the episcopate provided over 150,000 tons of food aid in 1981–85 and continued to take up individual cases of injustice. All of these activities were aimed not just at defending religious interests or even the general defence of human rights, but at helping Polish society to breathe more freely. Equally, the ability of the Catholic Church to play the ‘defender of the nation’ role was aided by the fact that the ‘occupying’ power was perceived
, the custom-creating or custom-strengthening conduct of the de facto regime might be attributed to a State, usually to an occupying power or a State supporting in various means the de facto regime by exercising effective control or at least decisive influence over it. As Section 1 explains, this is the first scenario where the conduct of de facto regimes can be regarded as ‘practice’ for the identification of customary international law (1). Secondly, de lege ferenda , Section 2 argues that even without attributing the de facto regime’s conduct to a
. Others already had organised corps of civil defence workers able to operate in any emergency, man-made or natural. There was, however, no special recognition of the existence of this service or of any need to protect its personnel in the event of armed conflict. The nearest one comes to finding any recognition of such a service is in Article 63 of the Civilians Convention, 1949, 2 requiring an Occupying Power to allow national Red
This book explores the reasons and justifications for the Chinese state’s campaign to erase Uyghur identity, focusing, in particular, on how China’s manipulation of the US-led Global War on Terror (GWOT) has facilitated this cultural genocide. It is the first book to address this issue in depth, and serves as an important rebuttal to Chinese state claims that this campaign is a benign effort to combat an existential extremist threat. While the book suggests that the motivation for this state-led campaign is primarily China’s gradual settler colonization of the Uyghur homeland, the text focuses on the narrative of the Uyghur terrorist threat that has provided international cover and justification for the campaign and has shaped its ‘biopolitical’ nature. It describes how the People’s Republic of China (PRC) was able to successfully implicate Uyghurs in GWOT and, despite a lack of evidence, brand them internationally as a serious terrorist threat within the first year of the war. In recounting these developments, the book offers a critique of existing literature on the Uyghur terrorist threat and questions the extent of this threat to the PRC. Finding no evidence for the existence of such a threat when the Chinese state first declared its existence in 2001, the book argues that a nominal Uyghur militant threat only emerged after over a decade of PRC suppression of Uyghur dissent in the name of counterterrorism, facilitating a ‘self-fulfilling prophecy’ that has served to justify further state repression and ultimately cultural genocide.
In May 1958, and four years into the Algerian War of Independence, a revolt again appropriated the revolutionary and republican symbolism of the French Revolution by seizing power through a Committee of Public Safety. This book explores why a repressive colonial system that had for over a century maintained the material and intellectual backwardness of Algerian women now turned to an extensive programme of 'emancipation'. After a brief background sketch of the situation of Algerian women during the post-war decade, it discusses the various factors contributed to the emergence of the first significant women's organisations in the main urban centres. It was only after the outbreak of the rebellion in 1954 and the arrival of many hundreds of wives of army officers that the model of female interventionism became dramatically activated. The French military intervention in Algeria during 1954-1962 derived its force from the Orientalist current in European colonialism and also seemed to foreshadow the revival of global Islamophobia after 1979 and the eventual moves to 'liberate' Muslim societies by US-led neo-imperialism in Afghanistan and Iraq. For the women of Bordj Okhriss, as throughout Algeria, the French army represented a dangerous and powerful force associated with mass destruction, brutality and rape. The central contradiction facing the mobile socio-medical teams teams was how to gain the trust of Algerian women and to bring them social progress and emancipation when they themselves were part of an army that had destroyed their villages and driven them into refugee camps.
territory occupied by the adverse party, the Protecting Power must satisfy the country of transit that these supplies will be used solely for the benefit of the population of the occupied territory and not by the Occupying Power. The distribution of relief consignments is supervised by the Protecting Power, and if the Occupying Power wishes to divert them from their intended purpose it must satisfy the
territories occupied by an enemy power (but excluding nationals of the occupying state). Accordingly, Article 4(1) of the GC IV defined ‘protected persons’ for the purposes of the Convention as ‘those who, at any given moment and in any manner whatsoever, find themselves, in the case of a conflict or occupation, in the hands of a Party to the conflict or occupying power of which they are not nationals’. As